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ARTICLE · 20 JULY 2016

Well, Well, A Copyright Protected Slogan

Global Advertising Lawyers Alliance (GALA)
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After the ruling Bavaria promptly sent Your Hosting 140 crates of beer after the judgment under the guise of "Everyone has earned a beer by now." This "little package" was much appreciated by Your Hosting.

NetherlandsIntellectual Property

According to the preliminary relief judge in the Hague, Bavaria's slogan from 1985, "Well, first a Bavaria" ("Zo, nu eerst een Bavaria") is copyright protected and puts "Well, first off to the cloud" ("Zo, nu eerst naar de cloud") by Your Hosting in violation of that copyright. A developed invention of thought – like a slogan – is rather swiftly copyright protected in the Netherlands, so long as it is original (= not borrowed) and utilises creativity. Dutch courts have often assessed the question of whether a certain slogan is protected by copyright. A classic example is the slogan "Free your car – as fast as a fly – from firmly fixed flying insects". In 1968, the preliminary relief judge in the Hague found this slogan to have "a sufficient degree of originality for attracting the public" and for protection by copyright. 50 years later, the District Court of the Hague found Bavaria's slogan "concise and 'catchy', with a certain wittiness for which the creator made

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